82R9053 SLB-F
By: McClendon H.B. No. 2025
A BILL TO BE ENTITLED
AN ACT
relating to the implementation of county solid waste management
programs.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 364.011, Health and Safety Code, is
amended by amending Subsection (a) and adding Subsection (a-1) to
read as follows:
(a) Subject to the limitation provided by Sections 361.151
and 361.152 (Solid Waste Disposal Act), a commissioners court by
rule may regulate solid waste collection, handling, storage, and
disposal in areas of the county not in a municipality [or the
extraterritorial jurisdiction of a municipality].
(a-1) A commissioners court by rule may regulate solid waste
collection, handling, storage, and disposal by establishing a
mandatory program in an area located within the extraterritorial
jurisdiction of a municipality only if:
(1) the area has a population density of more than
3,000 persons per square mile; and
(2) the commissioners court or the governing body of
the municipality has determined that the area has an established
problem with the illegal dumping of household garbage.
SECTION 2. Section 364.034(e), Health and Safety Code, is
amended to read as follows:
(e) [Except as provided by Subsections (f), (g), and (h),
this section does not apply to a person who provides the public or
private entity, public agency, or county with written documentation
that the person is receiving solid waste disposal services from
another entity. Nothing in this section shall limit the authority
of a public agency, including a county or a municipality, to enforce
its grant of a franchise or contract for solid waste collection and
transportation services within its territory.] Except as provided
by Subsection (f), the governing body of a municipality may provide
that a franchise it grants or a contract it enters into for solid
waste collection and transportation services under this subchapter
or under other law supersedes inside of the municipality's
boundaries any other franchise granted or contract entered into
under this subchapter.
SECTION 3. This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2011.